Search

This book is one of the first attempts to directly explore the relationship between law and acculturation. By exploring the theoretical basis of the concept of culture, the ideas of law and various models of acculturation, it brings a nuanced theorization and problematization of the intricate connection between law and acculturation. It does this through theory and then presents the findings of the author's qualitative empirical study conducted with a group of long-term Slavic migrants residing in Poland. The book culminates by demonstrating how the law can be integrated into one of the theoretical models of acculturation, specifically the Relative Acculturation Extended Model.

This book provides critical legal analyses of latest developments in ocean law and policy by leading Asian legal scholars in the 5 years leading up to the 30th anniversary of the United Nations Convention on the Law of the Sea (UNCLOS) entering into force on 16 November 1994. The Asia's maritime domain, including both the Pacific and Indian Oceans, is currently facing a plethora of serious challenges, ranging from maritime and territorial disputes (especially in the South China Sea and East China Sea), competition between superpowers, piracy and armed robbery at sea, the degradation of marine environment, IUU fishing, to sea-level rising. This book allows readers to explore and understand how the scholars in the region examine, conceive, understand, and suggest solutions to these challenges.

This textbook focuses on the interrelationships between economic elements and legal principles with regard to business and company law. Three jurisdictions are taken into consideration: US, UK, and Italian law (the last of which was chosen as a “prototype” of continental European legal systems). The economic elements underlying business and company law are actually common to the three legal systems and, consequently, their legal principles and rules are similar despite one jurisdiction (namely, Italy) being based on civil law and the other two on common law. Their similarities are also due to the historical origins of the legal instruments that are covered by the book: partnership law dates back to the Romans, while company law can be traced back to English law. Roman law and English law have influenced, respectively, partnership law and company law around the globe. The book addresses the following topics: proprietorship law, partnership law and company law. For each topic, it first identifies the economic and legal elements that are shared by the three jurisdictions, then explores each one separately to highlight the differences. The textbook is based on over thirty years of research on business and company law conducted by the author in Italy, the UK and US and more than fifteen years of teaching this subject to international students at Luiss G. Carli University of Rome as part of its Bachelor of Economics and Business program.

This book offers a comprehensive exploration of Vietnam's legal landscape through the lens of inclusivity. Covering topics ranging from educational rights and workplace inclusivity to corporate social responsibility and transport accessibility, this book provides a nuanced understanding of the challenges and opportunities facing PwDs in Vietnam. What sets this book apart is its interdisciplinary approach, weaving together legal analysis, policy evaluation and real-world case studies to provide practical insights for policymakers, legal practitioners, academics, and advocates. With a focus on actionable recommendations, it is a valuable resource for anyone interested in promoting sustainable development and social justice for persons with disabilities. Accessible yet rigorous, the book is aimed at a wide audience, from legal practitioners and policymakers to disability rights activists and academics. It serves as both a roadmap for legal reform and a catalyst for promoting a more inclusive and just society

This book reflects on the nature of the rule of law in the European Union and the present and future consequences of the attacks that are undermining it. Presenting various case studies, it analyses violations of the rule of law and their impact on the quality of European democracy and on the workings of civil and political society. Written from an interdisciplinary perspective, the book connects legal aspects related to infringements of the rule of law with their political and sociological consequences at both a general and the EU level.The book is divided into three parts. The first focuses on the rule of law in the European context and the threats to democracy posed by its violations. It examines how populist movements and parties utilize the erosion of the checks and balances in liberal democracies to weaken resisting intermediate bodies, such as dissenting civil society groups. The second part concentrates on the political perspectives, which it approaches both in terms of its general features and through a set of case studies related to violations of the rule of law. The third part provides a legal perspective on these issues and examines the impact of the rule of law and its infringement in several areas, impacting both the internal and external dimensions of the EU.

How does international criminal procedure differ from any domestic legal principles and why? What premises of international criminal procedure do give rise to such differences? Can we provide any unified socio-legal explanation for the differences between the procedure of the International Criminal Court and the domestic legal principles? This boils down to the question: what are the premises inherent in international criminal procedure? Applying the premise theory of general principles of law, this book conducts a comparative analysis of various general principles of international criminal procedure with corresponding principles that are valid domestically and in general international law and identifies special premises in the procedural law of the ICC. This book discloses the four points that have not been identified in previous studies. (A) the fact that the value of international criminal procedure frequently mentioned in previous studies has not actually had much of an impact: (i) the premise of “seriousness of the core crime” has little influence at the procedural level; and (ii) the premise of deterring illegal investigations has little impact. (B) the factors that have not been recognized as circumstances or values on which international criminal procedure is premised in previous research significantly influence international criminal procedure: (iii) the entire procedure is based on the primitive premise of speed and “first come, first served”; and (iv) the impact of the premise of consideration for national sovereignty, which is associated with the fact that the ICC is an international organization based on a treaty, is critical. The ICC's institutional premises of the value of expeditiousness and lacking centralized control over its “limbs” have had a significant impact on the various aspects of international criminal procedure.

The book deals with the regulation of GMOs within the context of multiple principles and interests, including food security, sustainable development, and biodiversity. The recognition of intellectual property rights, particularly with respect to geographical indications and patentability is also discussed. From a comparative perspective, the importance of traceability in the food industry, driven by major world powers'consumer and market protection policies, is highlighted. Finally the use of emerging technologies, such as blockchain, as a form of'regulatory technology'for more effective and sustainable management of traceability systems within the food supply chain, is explored as a workable and forward looking solution.

The Festschrift New Trends in International Law is a collective work which reflects the contributions of Judge Owada to the development of international law, and also deals with various issues of modern international law which have been challenged by the third world. The contributors are jurists from the ICJ and ILOS whose judgments and advisory opinions constitute the formal sources of modern international law. New Trends in International Law also presents contributions from a number of the most highly qualified scholars of various nations whose specialisations are frequently adopted as material sources of international law New Trends in International Law is an invaluable resource for modern international law which provides the entire spectrum of its evolution and its key challenges. It provides an ideal reference source for students, post-graduate researchers, practitioners, functionaries of international institutions, as well as government officials in charge of foreign affairs.

This book explores multidisciplinary perspectives on critical issues in space from the viewpoints of New Zealand and other nations. It brings together the topics examined at the Otago Foreign Policy School 2022 by both domestic and international experts in the area of space, and includes the opening address on space policy delivered by the Minister of Foreign Affairs. This book takes a multidisciplinary approach to New Zealand's growing space sector in conjunction with other nations'perspectives on space. It encompasses space science, military and defence matters, space tourism and astronaut rescue, and international legal and policy frameworks, while taking into account future considerations. Readers such as academics, students, policy advisers, diplomats, government officials and others engaged in the field of space will find value in this book. It will appeal to think tanks and international institutions grappling with the complexities that are presented by the outer space domain.

The fifth volume of the Balkan Yearbook of European and International Law (BYEIL) discusses diverse and actual legal topics of international and comparative dimensions and angles. The BYEIL 2023 focuses on the special topic of Human Rights at Multiple Levels and contributes to the extensively researched field characterised by emerging trends, with the authors providing a deeper and more concise understanding of human rights-related issues. Discussions surrounding indivisibility, interdependence, universalism versus cultural relativism inevitably led to exploring human rights at various levels. The two permanent sections on European Law and International Law deal with recent developments in these highly dynamic and developing areas. They serve as a forum for scholarly discourse on these topics from the South-East European perspective.

This timely book offers a comprehensive study of the emergency arbitrator mechanism that provides interim measures in international commercial arbitration before the constitution of an arbitral tribunal, focusing on the enforceability of the interim measures granted. Based on the traditional legal doctrines of private international law, international dispute resolution, and arbitration law, this book is featured mainly in comparative studies. Six leading arbitral institutions are chosen to conduct systematic research on applying the emergency arbitration rules to establish a general and common procedural framework for emergency arbitration in discussion. Normative and comparative law analyses investigate the status quo of available legal instruments used to recognize and enforce interim measures in emergency arbitration by examining international conventions and three representative chosen jurisdictions, i.e., Singapore, Mainland China, and the USA. Following these two levels of comparison, it highlights and examines the potential doctrinal and practical barriers that may impact the enforceability of interim measures rendered by an emergency arborator. Finally, it proposes various approaches that could be used to improve the enforceability controversy, and it offers innovative suggestions for further research. This book is of particular relevance and interest to students, researchers, and practitioners in dispute resolution and arbitration law, as well as policymakers, legislators, and arbitral institutions considering further reform in international arbitration.

This book contributes to the discourse on disability in Africa as an issue of systemic exclusion characterized by the discrimination and often complete segregation of persons with disabilities (PWDs) in various African countries. Despite the inclusive promise of the Convention on the Rights of Persons with Disabilities (CRPD) as well as the Protocol to the African Charter on Human and Peoples'Rights on the Rights of Persons with Disabilities in Africa, the situation has not actually improved for PWDs in Africa. Given the powerful evidence of the devaluation of PWDs in connection with the COVID-19 pandemic, it is high time to reflect on the experiences of persons with disabilities in education, along with other forms of discrimination they encounter. The book's respective chapters assess how well the existing legal frameworks, policies and practices in most African countries have met the needs for inclusion of children and adults with disabilities. The social and economic rights of persons with disabilities are protected in the constitutions of most countries and enshrined in the normative frameworks that most African leaders have adopted and ratified. These commitments need to be borne in mind when thinking about the present and the future. Inclusive development is an investment and must be viewed as part of a package of reforms that are connected to substantive social protection and improvements in realizing other socio-economic goods. Indeed, a range of alliances are needed to advance the goals of ‘leaving no one behind', ensuring ‘education for all', and delivering on the African Union's call for the development of policies, programmes and requisite budgets for the realization of inclusive education for persons with disabilities.

The book is a tour de force by a world renowned legal expert and senior diplomat. Its main feature is a well-balanced integration of diplomatic thinking and legal analysis, based on the 70-year diplomatic theory and practice in China. Rich in content and thought provoking, it systematically discusses the international law issues faced by China in the development of major country diplomacy with Chinese characteristics. The author creatively develops the concepts of Blue Diplomacy to refer to global ocean governance, Green Diplomacy to deal with climate change, Red Diplomacy to cope with anti-corruption, Digital Diplomacy for cyberspace governance, each with amplified amount of cases and materials. The author also deliberates the “one country, two systems” policy and the building of “community with shared future of mankind”. The book helps the readers to better understand the fundamental principles and policies of China's diplomacy. For students, it is a key that opensup the door to international law studies; for researchers, it is a rich mine of international legal issues; for diplomats, it is a valuable guidance to master the art and science of legal diplomacy.

This book explores the insurance sector's potential role, influence, and impact on society in light of new environmental, social, and governance (ESG) concerns. Furthermore, it looks into how financial and technological innovations help reshape insurance regulation and business models. Unlike their predecessors, 21st century insurers have a growing impact on cross-sector service provision by making available to their clients a wealth of expert knowledge and experience in data analytics. The book delves into insurers'transition from suppliers of products – consisting of risk coverage or investment opportunities – to providers of various services, and ultimately to solution providers by partnering with their clients so as to prevent failure, optimize their clients'operations and help them excel in their economic sector. Insurance regulations and policies can be affected by various factors, such as changes in the economy, technological advances, and shifting consumer preferences, to name a few. Additionally, the insurance industry can have a significant bearing on the wider economy, making it important for the industry to operate within a framework of comprehensive regulations.This book includes a diverse set of theoretical, empirical, and policy-oriented chapters on particular aspects of new trends and wider analyses leading to a more systematic understanding of the industry's socio-economic role. It offers a mixture of chapters from insurance academics and professionals from different countries, cultures, and scientific backgrounds. The methodologies used are diverse, including legal, sociological, historical, economic and financial as well as interdisciplinary analyses. The book has a global scope, including chapters of a more global nature and others addressing particular jurisdictions on different continents, including Europe, Asia and North America.

This book focuses on Chinese cases on the CISG decided by Chinese courts of all levels, focusing on 2011 to 2012. During this period, the number of cases grew fast compared to 2006 to 2010. The total number of cases remained relatively low, the reasons of which might be the following: parties were not familiar with the CISG and therefore decided to opt out of it; in addition, the case collection and report systems in China at that time were not as developed as now, rendering many cases inaccessible. This book provides a comprehensive and detailed analysis of selected cases. The analysis of those cases is on a case-by-case basis. For each case, an English summary of the judgment is provided. In the comment, the People's Courts'approach to the interpretation and application of the CISG is emphasized. Comments of the individual case are written either by scholars or judges or lawyers from international and comparative perspective to discuss the successes and pitfalls of the interpretation and application of the CISG.

This book focuses on devising a comprehensive protective mechanism for the right to privacy in Pakistan. It argues that the existing legal regime lacks an effective remedy for victims of privacy violations and emphasizes the need for comprehensive legislation to safeguard this crucial right. Pursuing a multidisciplinary approach, the book thoroughly explores the issue of media intrusions into people's privacy through thematic media content analysis and highlights the significant impacts of these intrusions on victims'lives.In the process, the book addresses various conceptual aspects, their relevance, and their implications for privacy-related disputes during adjudication. Recognizing that theoretical underpinnings alone may not be sufficient to create a legal regime “from scratch,” it explores the enforcement of the right to privacy under the European Convention on Human Rights (ECHR), as interpreted and enforced by the European Court of Human Rights (ECtHR).The book subsequently goes beyond exploring international law by analyzing the impact of media-and-privacy cases on privacy protection in two major member states: Germany (a civil law jurisdiction) and the United Kingdom (a common law jurisdiction). Drawing upon these conceptual and comparative legal deliberations and findings, the book provides concrete guidelines for a new privacy law in Pakistan.

This book includes focal and vital cases tried by presiding justices, guiding cases from the Supreme People's Court, and cases discussed at the Joint Meetings of Presiding Judges from various tribunals. This book is divided into three sections, including Cases by Justices, Guiding Cases, and Typical Cases, which will introduce readers to Chinese legal processes, legal methodology, and ideology in an intuitive, clear, and accurate manner. This book presents cases selected by the trial departments of the Supreme People's Court of China from their concluded cases. In order to give full weight to the legal value and social function of cases from the Supreme People's Court, and to achieve the goal of “serving the trial practices, serving economic and social development, serving legal education and legal scholarship, serving legal exchanges among Chinese and foreign legal communities, and serving the rule of law in China”, the China AppliedJurisprudence Institute, with the approval of the Supreme People's Court, opts to publish Selected Cases from the Supreme People's Court of the People's Republic of China in both Chinese and English, for domestic and overseas distribution.

The book analyses state of play regarding regional level of government in the countries of South East Europe, particularly countries succeeding former Yugoslavia (Slovenia, Croatia, Bosnia and Herzegovina, Serbia, Montenegro, Kosovo, and North Macedonia) using the research methods from the fields of Law, Public Administration and Political Science. The book offers fresh analytical perspective of the regional self-government issues in these countries, out of which every country has particular issues to deal with. Be it controversial territorial restructuring debate (Croatia), complex institutional system (B&H), dealing with territorial concentrated ethnic minorities (Serbia, Kosovo, North Macedonia) or the issue of small size and non/existence of regional forces (Slovenia, Montenegro). Besides the introductory (methodological) and concluding (synthesis, trends and issues for further research) chapters, the book contains country chapters written by experts from a particular country in the region who follow the same chapter structure which allows further comparisons. Besides that, the book contains three chapters on several cross-cutting issues such as position of ethnic minorities and their territorial (regional) concentration and institutional representation in the overall system of local and regional self-government, analysis of regional political parties and movements that influence the debate in these countries, and the analysis of position and interplay of decontenrated state administration and regional self-government in analysed countries.

A constitution has the task of realizing its regulatory objective for the entire duration of its existence. In doing so, it bears responsibility for the present, but also for the future. It must ensure that the legitimate interests of future generations are also taken into account in today's decision-making and policies. The concept of intertemporal protection of fundamental rights developed by German constitutional jurisprudence and the jurisprudence in other countries have particularly stimulated the discussion on the constitution's responsibility for the future, which is important in numerous areas. At the World Congress of the International Association of Constitutional Law in Johannesburg in December 2022, one workshop, which was chaired by the two editors of this volume, was dedicated to this topic. This book brings together the presentations of 13 authors from 10 countries on fundamental questions and specific aspects of this important issue.

This book offers an interdisciplinary approach that covers linguistics and jurisprudence, shows the interconnectedness of law and language, singles out major theories related to the emergence of the concept of trust and discusses them from the perspective of legal linguistics. Contemporary globalizing processes change the contours of different spheres of life. Against the backdrop of ongoing changes, an overall tendency emerges of the unifying and harmonizing legal systems. The dominance of American and English law firms fuels a broader worldwide circulation of Anglo-American legal concepts and instruments. Increasing contacts of non-trust jurisdictions with trustees and trust assets promote the use of trusts and trust-like devices in civil law jurisdictions. As a result, the interest towards the entrusting relationships increases. The research in this book is based on the methods of descriptive and structural-semantic analyses. Emphasis is put on the interinfluence of the West Germanic languages and the laws of the Germanic tribes, the Salian Franks and the Anglo-Saxons. The book consults selected Franconian manuscripts, lex salica and lex ripuaria, and dictionaries for the study and interpretation of the trust-related lexical units. The results of the research shed a new light on the origin of the common law trust and its predecessor use. The book is intended for legal linguists, lawyers, legal practitioners, legal historians and for researchers and students in the fields of trust law, legal linguistics, and legal history.

This book is an analysis of policy and law governing the development, approval, manufacture, distribution, marketing and post-market surveillance of human drugs, medical devices, foods and cosmetics in Mainland China (“China FDD Regulation”). It analyzes the policy and general principles behind China FDD Regulation, including the history and jurisdiction of the central and local agencies that administer the laws and regulations, the administrative law structure in which these agencies operate, and other aspects of FDD Regulation interpretation and enforcement. Although it describes practice in China, this book is written in the comparative perspective (i.e., sensitive to assumptions made by those who are steeped in FDD Regulation in the U.S., Japan, and the EU). It includes one chapter on each regulatory space (drugs, medical devices, cosmetics, and food) organized by the lifecycle of products. It also covers subcategories of products, such as vaccines, radiopharmaceuticals, and in vitro diagnostic medical devices. The book includes specialty chapters on areas that are common to multiple types of regulated products, such as biosecurity and advertising. It is the first English language book of its kind, and it can serve as a resource for those in the FDD law and regulatory field to understand the mechanics of developing and marketing products, but also with insights for businesspeople and others, who are developing China-strategies.

This book provides a comprehensive view to those who are interested in human trafficking, child trafficking, and child protection in China. Based on over 2000 case laws from 1990 to 2020, this book provides an in-depth analysis of the causes, criminal patterns, and consequences of child trafficking happened in 30 provinces in China. It reveals a phenomenon that has not attracted much attention at the international level -- the trafficking of children, intranational and transnational, for resale and illegal adoption.

The book focuses on some of the most pressing issues in international investment law in Asia, such as the role of developing countries, the rebalancing between the investors'rights protection and the host states'right to regulate, the ISDS reform, among others. The book investigates these issues by looking into the bilateral investment treaties and investment arbitration cases in the region. The readers will benefit from this book's rich content and wide coverage. For instance, the readers would learn more about Asian states'Bilateral Investment Treaty law and practice and their standing on international investment law. The book provides a fresh angle to most readers who may be more exposed to the Western perspective on the topic, providing a more complete picture to add to the readers'understanding of international investment law and in particular its evolution and future possibilities.

This book focuses on the development of artificial intelligence and rule of law in the world, by collecting and summarizing the information about the development of artificial intelligence and rule of law in China and the world, covering topics like AI strategy, policy, law, theoretical research and practical application, etc. It makes an in-depth analysis so as to provide an objective, fair and accurate report. The purpose is to promote the study of AI and law, promote the construction of AI and rule of law system and create an AI and rule of law environment. In particular, it aims to play an active role in promoting the establishment of legislative norms, legal systems, policy systems and ethical norms that are compatible with the innovative development of AI, promoting the implementation of a new generation of national AI development strategies, ensuring the safe, reliable, controllable, healthy and sustainable development of AI. It is hoped that this book may provide useful reference for researchers of AI and law.

This book serves as a comprehensive study of and provides rich insight into non-market economy treatment, including its past, present, and estimated future practices and implications. It explores the introduction of the market and non-market economy dichotomy into international trade law. It traces the origin and development of non-market economy treatment against changing international economic and political background. The book examines this treatment in light of the rationale underlying anti-dumping, reflecting its alleged significance of ensuring fair trade. It in particular investigates the varied non-market economy treatment practices responding concerns of China's rising as a large state-led economy, analyzing the deviation of NME treatment into an all-in trade tool. The book argues against preconceived bias and unilateral protectionism. It highlights the universal existence of government involvement in the market and proposes objective assessment of its impact on fair trade.Final proposition of the book is depoliticizing trade, reforming comprehensively international trade rules to carefully calibrate different values, including promoting fairness and enhancing global social welfare. It envisages a multi-dimension overhaul of international trade rules to rebalance trade interests, rather than roughly labeling an economy to confer different treatment, the practices of which lead to separation and chaos. The book is of particular relevance and interest to economies-in-transition, and among policy makers, academicians and legal practitioners engaged in trade remedies and trade rules reconstruction.

This book summarizes around 200 most recent patent administrative litigation cases concluded by the Intellectual Property Court of the Supreme People's Court of China in the form of restatements. It discusses the similarities and differences in claim construction, full disclosure, definiteness of claims, nature of reexamination and ex officio review in the context of recent patent administrative litigation cases. It is conducive to the implementation of unified review standards and achievement of a fair trial by using typical cases as guidance in the application of patent law. This book could be used as a reference book for judges, researchers, and practitioners.

Triage decision-making during a pandemic is linked to complex ethical, medical, and legal dilemmas, which in the past have been discussed mainly based on hypothetical scenarios. The crisis caused by Covid-19 has shown these dilemmas to be very real, and many countries faced significant health care challenges during the pandemic. The book presents different views on the problems of triage during the time of Covid-19 and to shed a light on how various countries approached triage during the pandemic. The absence of staff and resources in many countries opened a discussion of whether they should strive for the most egalitarian way of deciding whom to help with limited resources or to act in a utilitarian manner and establish a triage system based on saving as many people as possible. There were so-called conflicts of duty in many parts of the world, and decision-makers who had to choose which patients would survive in the absence of resources were under tremendous pressure. This book presents different views on the issue of such decision-making from legal, ethical, and medical points of view. The authors explain the origin of the concept of triage and its use in modern medicine. They point out the distinction between triage and the allocation of resources while also analysing how pandemic triage differs from emergency and disaster triage.

The book provides deep insights into heritage politics in Myanmar on the basis of the conservation history of Bagan and its entanglement in national politics. It particularly investigates the heritage practice of the dictatorial regime that ruled Myanmar from 1988 to 2011 and highlights the implications of both the reconciliation politics of Aung San Suu Kyi's NLD government (2016-2020) and the UNESCO World Heritage System. The book examines the function of Bamar-Buddhist architecture in the spatial strategy of the 1988-2011 regime and its nation-building efforts. With a focus on the historic site of Bagan, included on the World Heritage List in 2019, and the “Adopt-a-Pagoda Program” that was implemented at the site from 1995 to 2011 under authoritarian rule, the book provides a detailed account of Bagan's physical transformation and its political significance for national politics at the time. It offers a historical comparison of the heritage politics of Myanmar's most recent transitional governments (2011-2020) pointing out the particularities of the country's institutionalized heritage practice and one-sided nation-building strategy. Both have contributed to continued ethnic conflicts that are generally considered to be the world's longest civil war. In the renewed dictatorial context of Myanmar since February 1, 2021, the research presented in the book helps to understand the roots of the new regime's heritage practice and national imagination. In addition to these insights into Myanmar's heritage politics, the book addresses shortcomings of the World Heritage system with regard to the treatment of sacred sites in authoritarian and post-authoritarian contexts, an aspect that to date has been largely neglected in cultural heritage policy debates across the globe.

The book explores the prohibition and prosecution of hate speech in international law. Building on the international legal framework, the invaluable jurisprudence of the Trial and Appeal Chambers of the UN ad hoc Tribunals (the ICTY and the ICTR), and views of scholars in the social sciences, the book focuses on two inter-related complexities in prosecuting hate speech in international criminal law: criminal participation and causation. A hypothetical scenario is developed, with numerous actors playing various roles in that given context, with the impact of altering their criminal liability, and raising further questions that touch on the issue of causation in criminal law.

This book analyzes the law and politics in the peaceful use of nuclear energy. The “inalienable right” as provided for in Article IV of the Treaty on the Non-proliferation of Nuclear Weapons (NPT) has unexpectedly been an interpretation riddle, which has brought about many controversies among NPT Party States, like those in the 1970s between the U.S. and its allies, and today in the Iranian nuclear problem and in the North Korean nuclear crisis. This book offers a detailed review and analysis of the lifetime of the norm on the right to the peaceful use of nuclear energy: what factors give rise to a possible design of the dynamic treaty obligation, how they are made in drafting the relevant treaty provisions, and how subsequent practice plays a role in the interpretation. The usefulness of the general rule of interpretation is also challenged in this book, and an interdisciplinary perspective on interpretation is otherwise proposed to better understand the interplay of the law and politics in the nuclear nonproliferation regime.

Online platforms and their ecosystems are the cornerstone of the digital economy. They have brought forth positive network effects. But they are also known for their information asymmetries, their potential for market failures and their problematic relationship with data protection law. This volume provides a detailed analysis of the current process of repositioning online platforms in the digital economy as regulators express concerns about the evolution from mere intermediaries to gatekeepers. The exclusive reliance on competition law instruments has proven to be incapable of coping with cases of platforms abusing their market power. Therefore, the book explores the European Union's new approach to digital markets consisting in the adoption or drafting of new legislative instruments, such as the Digital Markets Act, Digital Services Act, Proposal of AI Act, Proposal of Data Act, Proposal of Data Governance Act. The EU's emphasis on new regulatory ex ante instruments (as in the Digital Markets Act) calls for an assessment of their overlap or their interface with existing supranational and national competition rules. The book transcends mere competition law thinking by exploring the status of online platforms from the perspective of trade law rules, unfair competition law, data protection rules and intellectual property law. But in view of the global reach of online platforms, the risks of a jurisdiction-wise approach with conflicting regulatory strategies are all too clear. The volume therefore includes comparative studies on Australia and the USA. The potential impact of regulatory policy choices will also be assessed from the economic perspective. The book's message is not be confined to researchers and academics. It is also of great importance to practitioners in the digital sector who stand to benefit from the analysis of the law of online platforms, undertaken by a working group of renowned authors coming from different jurisdictions.

The book considers how speech on social media during an armed conflict could potentially be considered a criminal offence. In doing so, it reviews the European Court of Human Rights case law on the limits of freedom of speech in an armed conflict. The author then makes recommendations on how this should be reconciled with freedom of speech in a post-conflict society. The book first outlines the propaganda cyberwar strategies being employed by the Russian Federation in the war against Ukraine. It then considers such incidents against the criminal law of Ukraine and Germany to determine when speech on social media can be considered an offence.

This book examines the extent to which the regulatory design of the emissions permit system in China, taking into account the EU's regulatory experience with integration and from the perspective of the specific Chinese situation, provides opportunities for or hinders the implementation of integrated pollution prevention and control. It was found that China's permitting system provides regulatory opportunities for integrated control of emissions to air, water, and land, but that some challenges remain, particularly in terms of environmental effectiveness and environmental trade-offs. This book is not only aimed at the academic community, but may also benefit policy makers by providing an explanation of the rationale for integrated environmental permitting, together with a critical reflection on the current state of emissions permitting in China. It may also be helpful to the ENGOs that focus on and are willing to comment on the choices of regulatory instruments to be made by the Chinese government, particularly in the light of achieving a high level of environmental protection as a whole.

This book examines procedural trials using the procedure of excluding illegal evidence as an example. Criminal trials include both substantive and procedural trials. The former focuses on the criminal responsibility of the defendant, while the latter aims to resolve procedural disputes between the prosecution and the defense. The illegal evidence exclusion process is a typical procedural trial that examines the lawfulness of evidence taking and excludes illegally obtained evidence.The object of the study is the procedural rules of excluding illegal evidence in China. This book is innovative in that it examines the nature, function, subject matter, and litigation structure of procedural trials, and the relationship between procedural and substantive procedures. Moreover, the book compares various countries'procedure of excluding illegal evidence and examines the initiation, trial, rules of evidence, and appeals of the procedure of excluding illegal evidence in China.

This book offers a philosophical analysis of the role played by legal scholarship in the written judicial decisions of different Western legal systems. Based on a positivist (and, more specifically, Hartian) theory of law, the book discusses the concept of a source of law and the possibility of including within that concept the writings of legal scholars. It also discusses the concept of authority and the structure of authority-based arguments, such as those that judges often employ when referring to legal scholarship in their judgments.

This book examines the international forums in which states develop cyber norms—“rules of the road” for how governments use information and communication technologies. To understand the dynamics in this emerging field of diplomacy, the book focuses on an often-overlooked actor: Brazil. With the international debate dominated by two camps that can be broadly characterized as the West versus China and Russia, the book demonstrates that Brazil holds a key position as a bridge-builder between these two sides. It paints a rich picture of Brazil's efforts in shaping cyber norms across such diverse forums as the United Nations, BRICS, and the Organization of American States, while contextualizing these activities in Brazilian domestic cybersecurity policy and foreign policy traditions. This rich case study paves the way for a deeper understanding of how different actors shape international cybersecurity policy.

While previous volumes have examined specific issues and developments such as the coronavirus crisis or digital transformation from a law and economics perspective, the anniversary edition returns to the methodological and philosophical fundament of the discipline of law and economics. The present book aims to examine these foundations in general and, in particular, efficiency, reciprocity and meritocracy, and their relation to law and justice from an interdisciplinary perspective.Efficiency: Traditionally, the economic analysis of law has been guided by the goal of efficiency. Economists usually define efficiency as Pareto or Kaldor–Hicks efficiency. Any change that makes one member of society better off without anyone else being worse off is a Pareto improvement. A change is a Kaldor–Hicks improvement if the gainers value their gains more than the losers value their losses, with only hypothetical compensation required.Reciprocity: Economists have traditionally basedtheir models on the self-interest hypothesis of homo oeconomicus. In this model, an individual maximises his own utility without being altruistic or jealous. Behavioural economics challenges the self-interest hypothesis. In fact, many people deviate from purely self-interested behaviour. There are also signs that considerations of fairness and mutual benefit are important in bilateral negotiations and in the functioning of markets. Meritocracy: The concept of meritocracy refers to a system, organisation, or society in which people are selected and promoted to positions of success, power, and influence on the basis of their abilities and merits. This means that an individual is able to climb the social ladder through hard work. Moreover, meritocracy directs the most talented people into the most functionally important positions, thereby increasing a society's efficiency. However, the equalising function of meritocracy has been criticised. Rather than reducing inequality, meritocracy is seen as the cause of racial, economic and social inequality.

Eminent lawyers from academia, international judiciary and legal practice join up to honour Professor Mads Andenas KC (Hon). Contributions form a cutting edge volume across legal disciplines led by an advisory editorial committee including Prof. Guido Alpa, Prof. Carl Baudenbacher, Prof. Eirik Bjorge, Prof. Giuseppe Conte and Prof. Duncan Fairgrieve.The general private law of tort and delict is subject to a transformation where the traditional national framework is becoming gradually less relevant. Much of the modernisation of private law takes place not at the domestic level but at a European or international level such as in international commercial conventions or EU consumer protection legislation. Remedies in regulatory law are becoming ever more important. The role of the European Court of Justice in developing general principles of contract and tort is ever increasing. Tort liability is an important subject of international conventions with the caselaw of the International Court of Justice developing general principles of tort liability in public international law.

This book explores the delicate balance between fostering competitive energy markets and ensuring effective regulation. It addresses the difficulty of reconciling competitive market dynamics with regulatory objectives such as ensuring reliability, fairness, and sustainability. In the highly dynamic energy sector, the convergence of competition law and energy regulation is a critical factor that greatly influences the trajectory of energy markets. The intersection of these significant domains can be complex and transformative when the goals of fostering fair competition and guaranteeing dependable and eco-friendly energy provision coincide. Market power in the energy sector can lead to a concentration of power among a handful of firms, which can hinder competition and limit consumer options. The dual objective of tackling market dominance and promoting energy security constitutes a significant challenge. In turn, the book discusses the challenges posed by natural monopolies in energy networks, the need for regulatory frameworks to support investment in infrastructure and renewable energy, and the complexities of price fluctuations. The topic of market dominance is also considered, as dominant corporations are capable of controlling prices and suppressing competition, resulting in higher prices for consumers and stifling innovation. The book offers valuable perspectives on creating a regulatory framework that promotes fair competition and achieves long-term policy goals in the energy sector. To do so, it draws on case studies and analyses from various countries.

Weltweit sind Europa und Amerika die führenden Akteure und die wichtigsten Partner füreinander. Daher sind der internationale Datentransfer für Strafverfahren sowie wirtschaftliche Aktivitäten zwischen diesen Ländern ein sehr wichtiges und aktuelles Thema. Diese sind allerdings mit vielen rechtlichen Hindernissen sowie technischen Schwierigkeiten verbunden, die betrachtet, analysiert und angepasst werden müssen. Präventive rechtliche sowie normative Maßnahmen spielen dabei eine entscheidende Rolle. Trotz aller Bemühungen kann der Datentransfer beeinträchtigt werden: Daten können verloren gehen, Informationen können manipuliert werden, Systeme können angegriffen werden. Geschieht dies, sollen nachgelagerte Maßnahmen durchgeführt werden, damit die geplante digitale Datenübertragung reibungslos funktioniert. Dadurch wird der Schutz jedes Einzelnen gewährleistet. Menschen gehören Daten, und wenn Daten nicht geschützt werden, sind Menschen nicht geschützt. Sind Persönlichkeitsrechte geschützt, sind Menschenrechte geschützt – ein Wert, bei dem nichts und niemand Vorrang hat. Menschen und ihre Rechte werden immer höher eingestuft als jegliche Organisation oder Regierung auf der Welt. Aus diesem Grund ist das gesamte Thema unter besonderer Berücksichtigung der Persönlichkeitsrechte zu betrachten.

Embark on a journey through the dynamic landscape of global financial crime combating with our latest collection, meticulously curated by leading researchers. At the intersection of finance, technology, law, governance, and international cooperation, this multidisciplinary exploration offers profound insights into the nuanced world of financial crime across diverse jurisdictions, including Australia, Germany, New Zealand, Nigeria and the United Kingdom. Discover a wealth of knowledge as contributors investigate facets such as asset forfeiture, non-conviction-based asset recovery, money laundering in the real estate sector, and the challenges and opportunities posed by new technologies and fintechs. Unravel the crypto crime and terror nexus and explore the necessity of public–private collaboration to combat the abuse of Non-Fungible Tokens. Dive into policy approaches, including the WireCard scandal, and understand how good governance, both public and corporate, remains paramount in the fight against financial crime. As we navigate an age of intergovernmental rulemaking, the collection emphasizes the crucial role of robust governance frameworks and examines the impact of permissive regulation on practices in the City of London. Delve into discussions on crime risk, risk management, de-risking, and the potential consequences of overcompliance and conservative risk approaches on financial exclusion levels. While global standards on financial crime have solidified over the past three decades, the future direction of standard-setting and compliance enforcement remains uncertain in our complex global political landscape. The collection concludes by pondering these current challenges, offering a thought-provoking exploration of what lies ahead. This collection a product of the Financial Integrity Hub (FIH), serves as a valuable resource for financial regulators, compliance officers, and scholars, offering profound insights and perspectives to navigate the dynamic landscape of financial crime combatting. Chapters'Non-Conviction-Based Asset Recovery in Nigeria – An Additional Tool for Law Enforcement Agencies?',''De-risking'Denials of Bank Services: An Over-Compliance Dilemma?'and'Terror on the Blockchain: The Emergent Crypto-Crime-Terror Nexus'are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

This book provides a study on the relevance of good faith obligation with a specific focus on Australia and China. Good faith has been hailed as one of the most important unresolved contractual issues in contract law. There have been numerous judicial approaches over the years to articulate a baseline for good faith application; however, the direction taken in dealing with this important issue is generally unsatisfactory, both in producing a coherent understanding of the role and sustaining a uniform application of good faith in contracts. This book concentrates on examining whether the continued relevance of good faith in arm's length contractual relationships based on the reasonable expectations of the contracting parties can be maintained. To accomplish this, good faith is examined by revisiting the legal approaches from a comparative perspective in understanding whether there is a continuing role for good faith in commercial contracts.

This book unravels the intricate tapestry of Chinese state-society and government-citizen interactions in both legal historical and contemporary contexts. Set against the backdrop of China's meteoric rise as a global economic and political powerhouse, it presents a comprehensive and nuanced exploration of China's governance norms and their transformative evolution in the modern and contemporary eras. The book analyses China's multifaceted governance landscape, including its profound influence on the dynamics of government-citizen interactions in contemporary China. By introducing the concept of “juridification”, it demystifies the complexities of Chinese governance traditions and transitions. At its core, the book reveals how legislative, administrative and judicial authorities address the collective grievances of Chinese citizens. Through a combination of historical, legal and sociological analyses, it equips readers with an understanding of the formal and practical mechanisms used by Chinese authorities, spanning from the 1980s to the present, to address mass actions. In addition, the book assesses an underexplored aspect: the changing narratives and diverse perspectives found in news coverage of government responses to mass actions, shedding light on the socialisation of principles of public accountability and the safeguarding of civil rights in China. The book is intended to make the topic accessible to both scholars and an interested global audience, helping them understand the Chinese legal governance model, its underlying rationale, recent developments and social implications.

This book is a collection of articles that the author has pondered for a long time on the legal theory and practice of China's civil law. It mainly discusses the systematic, scientific and practical issues of Chinese civil law. At the macro level, it covers the relationship between the general provisions and the specific provisions of the Civil Code, the introduction, decline and revival of the Pandekton system in the process of drafting the Civil Code in China, and the important position of the Civil Code in the national governance system; at the meso level, it analyses the legislative arrangement and practical significance of the real right of the Civil Code; at the micro level, it explains the attribute of'unauthorised disposal'and the legal basis for the abolition of this clause in the Contract Law.

This book explores how non-governmental organizations (NGOs), with their sphere of influence within the State and beyond, enrich the international community by working on critical areas affecting people's lives and expectations, to facilitate a more humanising international law. It provides ideas, highlights issues, and identifies actors, actions, and the scope of NGOs in international law. It charts possibilities and limitations of NGOs within the legal framework of a State and its evolution over the years. The book highlights how NGOs, having obtained'consultative status'from the UN Economic and Social Council, have now extended their access and area of influence to international actors like inter-governmental organisations, international courts and tribunals. It provides an overview of NGO's performance and the important role they play in the making of human rights, protection of environment and business ethics. The book is primarily doctrinal containing case studies of important NGOs. The purview is an inquiry, analysis and overview of literature of NGOs in international law from a wide range of sources. The book will help shape the debate over power and functions of NGOs in the background of new loci of NGOs'work. It is useful for students, research scholars, the NGO community, corporations'CSR departments, and concerned governmental agencies. Additionally, being interdisciplinary in nature, it caters to the demands of politics, sociology, management, public policy and social work apart from law.

The outbreak of the COVID-19 pandemic presented Polish legislators with a host of legal dilemmas, the aftermath of which resulted in numerous legislative changes. A significant part of these relate to entrepreneurial law in a broad sense. However, the situation created by the COVID-19 pandemic also had a broader dimension, resulting in the introduction of exceptions as the global norm. Similarly, in the domestic legal order, the actions of public authorities in various forms (restrictions, limitations, and ultimately the Lockdown), as well as non-legislative legal activity gave rise to many problems in Poland and have been the subject of various assessments. Hence, the book analyses the legal situation of entrepreneurs in the era of the COVID-19 pandemic both in terms of the amendments and changes introduced and the new regulations, commonly referred to in the public sphere as'covid laws'or'anti-covid shields'. Therefore, the book assesses the legal solutions and the level of legislative technique in the broadly understood entrepreneurial law. It focuses on the solutions introduced by Polish legislators and seeks to answer the following questions: to what extent did the relevant public authorities appropriately respond to the threats posed by the pandemic, and did they effectively provide legal protection for entrepreneurs?

Dive into the intricate realm of modern financial crime combating with this latest collection. Edited by global experts and featuring contributions from leading international scholars, the collection spans a spectrum of financial crimes, including crypto crime, terrorist financing, illegal logging, and money laundering. The collection provides focused insights into institutional risk-based compliance, offering perspectives on practices employed by banks and challenges faced in implementing risk-based measures to combat the financing of weapons of mass destruction. Additionally, it explores the interplay between cannabis regulation and money laundering. The collection raises thought-provoking questions about the effectiveness and efficiency of the risk-based approach to financial crime. It explores the evidence supporting its implementation and whether it has proven to be the best alternative. Specific concerns regarding bias and discrimination, especially in relation to mutual evaluations conducted by the Financial Action Task Force, are addressed. In light of these concerns and current evidence, the collection provides constructive proposals and enhances the understanding of the challenges that need to be navigated in the ongoing fight against financial crime. This book a product of the Financial Integrity Hub (FIH), is essential reading for professionals, scholars, and anyone interested in staying ahead in the ever-evolving landscape of financial crime risk management. Chapters'The Crime-Crypto Nexus: Nuancing Risk across Crypto-Crime Transactions'and'The FATF's Combating of Financing of Proliferation Standards: Private Sector Implementation Challenges'are available open access under a Creative Commons Attribution 4.0 International License> via link.springer.com.

This book focuses on the speech style of lawyer talk in contemporary Chinese courtrooms. The topic is intriguing to readers who may wonder how lawyers compete with their opposing counterparts in an adversarial trial system in China. The legal tradition in Confucianism, which advocates harmony in interpersonal relationships, has historically guided the practice of law in China. The book analyses how lawyers manage to compete in this system. Applying the social semiotic view of language in the Hallidayian sense, specifically systemic functional linguistics and its appraisal theory, this study interprets the subjectivity of legal language by lawyers. The speech style in legal argument presentation is described as'rational'. The exploration of the rational speech style of lawyers is a theoretical and discursive topic. It draws upon Habermasian philosophy of intersubjectivity in legal argumentation and considers the cultural and legal contexts of China as contextual constraints. The keyconstruct of lawyer evaluation is fully captured in this discussion. As a linguistic phenomenon and unit of analysis, discourse can be examined both within local clauses and in larger stretches of talk beyond clauses. Additionally, it serves as an effective means for constructing a rational speech style for lawyers. Most importantly, discourse is a discursive act that negotiates legal arguments in the dynamic speech exchanges of a court trial, which is embedded in a wider social and cultural context. The book showcases instances of lawyer talk in well-documented trials in China and offers a good opportunity for readers to gain a general understanding of courtroom discourse in the Chinese context. It introduces readers with special interests in legal language and the law to the solidarity dimension of legal language and arguments, an alternative to the confrontational or hostile lawyer talk in trials in countries with a common-law system. The analysis presented is refined and the language used is clear, concise, and objective.

This book uses the early twentieth century surveillance reports of urban vice reformers in New York, Chicago, Lancaster, Pennsylvania, as well as the US vice report for the League of Nations'Special Body on Trafficking in Women and Children (from 1927) and French police memoirs, treatises, and histories of vice enforcement in late nineteenth century and early twentieth century Paris to highlight the way in which American reliance on undercover tactics drove American vice enforcement policy, leading to a clash with French vice enforcement policy before the League of Nations. Both the failure of that early effort to exert international influence on vice enforcement and the American embrace of undercover tactics would set the stage for the later American efforts to promote a global war on drugs. Before the League of Nations, in particular, the American delegation's notable lack of success in mobilizing European crackdowns on prostitution created a blueprint for how not to project American influence overseas, once American advocates of narcotics interdiction sought to promote a global war on drugs. Yet private reformers'reliance on undercover tactics to investigate prostitution modeled the investigative tactics on which American law enforcement would come to depend, and which it would later seek to export, as a primary weapon in the war on drugs.

The sometimes complex and controversial relation between the fundamental rights of the European Union, as enshrined in the EU Charter of Fundamental Rights (CFR), and national fundamental rights in the context of constitutional review is reflected in a series of landmark decisions in the multilateral cooperation of European courts, which have reshaped the fundamental rights architecture in the multilevel system in recent decades. This book aims to contribute to a systematic and comprehensive analysis of the EU and constitutional law issues involved, thus serving as a reference point for scholars and practitioners dealing with this emerging topic in depth. Following this approach, it sheds light on the broader Union legal context of these developments, examines the role of the CFR for Constitutional Courts, the relationship between constitutional and ordinary courts, and assesses the key decisions concerning the application of the CFR as a standard of constitutional review. It also draws some initial conclusions on the development of the European fundamental rights architecture, its prospects and possible implications for the Union's legal order. The book contains several contributions by European legal experts from academia and the judiciary, who examine the different methods of constitutional application of the CFR from a comparative law perspective. These contributions deal with the following aspects: first, the role of the CFR for the respective Constitutional Court with regard to the application of EU law as well as national law falling within the scope of the CFR; second, the relationship between the respective Constitutional Court and the ordinary courts with regard to the application of the CFR; third, the relevant facts and legal reasoning of the most important Constitutional Court decisions on the application of the CFR as a relevant standard of constitutional review; fourth, the relevant case law of the CJEU on the relationship between Union and national fundamental rights, as well as its broader implications for the multilateral cooperation of European courts. The individual chapters examine, inter alia, the following decisions: Verfassungsgerichtshof (Austria), March 14, 2012, U 466/11 et al.; Corte Constituzionale (Italy), January 23, 2019, Sentenza 20/2019; Bundesverfassungsgericht (Germany), November 6, 2019, 1 BvR 276/17; Tribunal Constitucional (Portugal), June 3, 2022, Acórdão 268/2022; Tribunal Constitucional (Spain), June 29, 2022, Sentencia Decision 89/2022.